09-3117 U.S. v. Sanders

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Constitutionality

Thee Sex Offender Registration and Notification Act’s requirement that convicted sex offenders update their registration when they cross a state line is constitutional.

“[T]he obligation to register imposed by section 16913 and the criminal penalties imposed by section 2250 on those who cross state lines without complying with their registration obligations are inextricably intertwined, as this court and others have recognized. Vasquez, 611 F.3d at 330; see also Guzman, 591 F.3d at 90; Whaley, 577 F.3d at 259-60; Ambert, 561 F.3d at 1212; Howell, 552 F.3d at 716-17. Section 2250, which gives teeth section 16913’s registration requirement, ensures that state sex offenders are penalized for the failure to register only when they move in interstate commerce. To the extent that section 16913 requires a state sex offender to register irrespective of whether he engages in interstate travel, it may be seen under the Necessary and Proper Clause, U.S. CONST. art. I, § 8, cl. 18, as “an appropriate aid” (Vasquez, 611 F.3d at 330) to the tracking of those offenders who do cross state lines and thereby bring themselves within the reach of Congress’ authority under the Commerce Clause. See Vasquez, 611 F.3d at 330- 31 (quoting Howell, 552 F.3d at 715); see also Guzman, 591 F.3d at 91; Ambert, 561 F.3d at 1211-12; Whaley, 557 F.3d at 260-61.”

Affirmed.

09-3117 U.S. v. Sanders

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Rovner, J.

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